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TCA 37-1-310

Appearance of petitioner at hearing – Transportation of petitioner

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What does this charge mean?

This statute requires that if it is the petitioner's first hearing on the petition, or if the petition raises serious factual questions about events the petitioner was involved in, the petitioner must appear in court and testify. The institution holding the petitioner must arrange transportation, or the sheriff will handle it if necessary; the sheriff can charge the same transportation costs allowed in criminal cases.

Penalty Details

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Penalty SummaryClassification not specified
(a) If the petitioner has had no prior evidentiary hearing under this part and in other cases where the petitioner’s petition raises substantial questions of facts as to events in which the petitioner participated, the petitioner shall appear and testify. (b) (1) The superintendent of the institution that has custody of the petitioner shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the judge. The sheriff of the county where the proceedings are pending shall have the authority to receive and transport the petitioner to and from the institution and the court, if the court so orders, or if for any reason the superintendent is unable to transport the petitioner. (2) The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

PENDING
TCA Section37-1-310